U.S. District Judge Irene Berger this morning reversed her previous rulings and said she would allow Don Blankenship’s defense team to use as evidence a series of memos and handwritten comments from the former Massey CEO.

Berger said that, after reviewing additional case law pointed out in email to her by Blankenship lawyer Bill Taylor, she concluded her rulings Tuesday were “clearly erroneous.”

On Tuesday, the judge had repeatedly blocked defense lawyer Eric Delinsky from asking Blankenship’s former secretary, Sandra Davis, about memos Blankenship had written and handwritten responses he scribbled on memos other Massey officials had sent to him.

The judge said that she was wrong to rule that about a dozen documents could not be admitted because they were “self-serving statements” that could not be considered reliable.

Berger said that her further review shows those records were made before the Upper Big Branch explosion and prior to any charges being brought against Blankenship. The timing of the statements makes them admissible as evidence of Blankenship’s state of mind at the time that he made the statement in the documents, the judge said.

Berger announced her ruling this morning after Assistant U.S. Attorney Greg McVey completed his redirect examination of Davis.

The judge had the jury taken out of the courtroom before announcing her ruling. She said she would bring Davis back to the witness stand to allow defense lawyers to question her about the documents.